ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 15, 2010
“Slip opinions” are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.
Click on the case number to view published and modified published opinions.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA1228
City and County of Denver District Court No. 04CR4272
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael P. O’Shaughnessy,
Defendant-Appellant.
JUDGMENT AFFIRMED,
SENTENCE VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
J. Jones and Nieto*, JJ., concur
Court of Appeals No. 08CA1008
Mesa County District Court No. 07CR517
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James T. Hoffman,
Defendant-Appellant.
JUDGMENT VACATED,
ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy, J., concurs
Dailey, J., dissents
Court of Appeals No. 08CA2010
Mesa County District Court No. 07CR1885
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher A. Brown,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
Court of Appeals No. 09CA0218
El Paso County District Court No. 06CV3800
Honorable David S. Prince, Judge
William Etchieson,
Plaintiff-Appellant,
v.
Central Purchasing LLC, d/b/a Harbor Freight Tools; and Harbor Freight Tools, USA, Inc., d/b/a Harbor Freight Tools,
Defendants-Appellants,
and
Precision Mastech Enterprises, Co. of Hong Kong, China,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
Court of Appeals No. 09CA0426
City and County of Denver District Court No. 08CV559
Honorable Michael A. Martinez, Judge
Noble Energy, Incorporated, a Delaware corporation, successor by merger to Noble Energy Production, Incorporated, a Delaware corporation, successor by merger to Patina Oil & Gas Corporation, a Delaware corporation,
Plaintiff-Appellee,
v.
Colorado Department of Revenue; and Roxanne Huber, in her official capacity as Executive Director of the Colorado Department of Revenue,
Defendants-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
Court of Appeals No. 09CA0769
Morgan County District Court No. 08CV71
Honorable Kevin L. Hoyer, Judge
The Upper Platte and Beaver Canal Company,
Plaintiff-Appellee,
v.
Riverview Commons General Improvement District, a quasi-municipal subdivision of the State of Colorado, and the City of Fort Morgan, a Colorado home rule municipal corporation,
Defendants-Appellants.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry, J., concurs
Connelly, J., dissents
Court of Appeals No. 09CA1083
Adams County District Court No. 08CV702
Honorable John T. Bryan, Judge
Waste Management of Colorado, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
City of Commerce City, Colorado, a municipal corporation; Jerry Flannery, in his official capacity as the City Manager of the City of Commerce City; Roger Tinklenberg, Hearing Officer, and in his official capacity as the Acting Deputy City Manager of the City of Commerce City; and Carol Enninga, in her official capacity as the acting Director of Finance of the City of Commerce City,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
Court of Appeals No. 09CA1230
El Paso County District Court No. 08CV6492
Honorable G. David Miller, Judge
Students for Concealed Carry on Campus, LLC, a Texas limited liability company; Martha Altman; Eric Mote; and John Davis,
Plaintiffs-Appellants,
v.
The Regents of the University of Colorado; Stephen Ludwig, in his official capacity as Regent; Joseph Neguse, in his official capacity as Regent; Monisha Merchant, in her official capacity as Regent; Michael Carrigan, in his official capacity as Regent; Tom Lucero, in his official capacity as Regent; Steve Bosley, in his official capacity as Regent; Kyle Hybl, in his official capacity as Regent; James Geddes, in his official capacity as Regent; Tilman Bishop, in his official capacity as Regent; Jim Spice, in his official capacity as Chief of Campus Police, University of Colorado at Colorado Springs; Pam Shockley-Zalabak, in her official capacity as Chancellor, University of Colorado at Colorado Springs; Doug Abraham, in his official capacity as Chief of Campus Police, University of Colorado Denver; and M. Roy Wilson, in his official capacity as Chancellor, University of Colorado Denver,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE HAWTHORNE
Taubman and Sternberg*, JJ., concur
Court of Appeals No. 09CA1451
Otero County District Court No. 07JV109
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.G., A.G., R.B., and N.B., Children,
and Concerning C.M.,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
Court of Appeals No. 09CA1699
Weld County District Court No. 08JD355
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Appellant,
In the Interest of K.M.,
Juvenile-Appellee.
ORDER AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Ney*, J., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 05CA2181
El Paso County District Court No. 05CV1733
Honorable Larry E. Schwartz, Judge
Honorable Gilbert A. Martinez, Judge
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
APPEAL DISMISSED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1145
City and County of Denver District Court No. 04CR3554
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ruben Ortiz-Monarres,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0325
Arapahoe County District Court No. 05CR522
Honorable Marilyn Leonard Antrim, Judge
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Arreola-Mora,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0409
El Paso County District Court No. 90CR562
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward F. Benge,
Defendant-Appellant.
ORDER AFFIRMED
Division I
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0488
Jefferson County District Court No. 06CR454
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ira Vincent Miner,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0761
El Paso County District Court No. 06CR877
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Isaac Jason Lloyd,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0762
Jefferson County District Court No. 06CR1581
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Lee Nethken,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1003
Arapahoe County District Court No. 02CR1018
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Wright,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1004
Broomfield County District Court No. 05CR297
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Michael Cox,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry, J., concurs
Connelly, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1288
Larimer County District Court No. 02CR1622
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jan Elijah Rogers,
Defendant-Appellant.
APPEAL DISMISSED IN PART, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMán
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2544
El Paso County District Court No. 05CV1733
Honorable Larry E. Schwartz, Judge
Honorable David A. Gilbert, Judge
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
ORDER REVERSED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0132
Gunnison County District Court No. 93CR10
Honorable Charles R. Greenacre, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roy Melanson,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1357
El Paso County District Court No. 05CV1733
Honorable David A. Gilbert, Judge
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
APPEAL DISMISSED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1860
City and County of Denver District Court No. 03CR4895
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Golda L. Harvey,
Defendant-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2388
Arapahoe County District Court No. 01CR1022
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Vincent McKinnon,
Defendant-Appellee.
APPEAL DISMISSED
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2642
Weld County District Court No. 07CR1925
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bryant Aaron Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2690
Weld County District Court No. 07CR2256
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thurmond Hargis Albert,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2710
Office of Administrative Courts
OS No. 2008-0031 & OS No. 2008-0032
Nancy C. Johnson,
Petitioner-Appellant,
v.
Jefferson County Republican Committee,
Respondent-Appellee,
and
Office of Administrative Courts,
Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0381
Boulder County District Court No. 06CV987
Honorable James C. Klein, Judge
In the Matter of the Estate of Marguerite M. Huntsman, Deceased, and
Hilary Fearon,
Plaintiffs-Appellants,
v.
Board of County Commissioners for the County of Boulder, State of Colorado,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE LICHTENSTEIN
Graham and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0435
Logan County District Court No. 08CV120
Honorable Kevin L. Hoyer, Judge
Raul Permuy Calderon,
Plaintiff-Appellant,
v.
Kevin Milyard, Warden of the Sterling Correction Facility; and Aristedes Zavaras, Executive Director of the Colorado Department of Corrections,
Defendants-Appellees.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0481
Douglas County Court No. 99CR277
Honorable Nancy C. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony R. Sanchez,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0496
Adams County District Court No. 08CR1102
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Julio Contreras Wilson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE MILLER
Román and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0603
Industrial Claim Appeals Office of the State of Colorado
D.D. No. 4-705-392
Boise-Cascade Colorado,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Philip Frederick,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0934
Adams County District Court No. 02DR2509
Honorable Jill-Ellyn Straus, Judge
In re the Marriage of
Leslie Anne Kayser, f/k/a Leslie Anne Harvey,
Appellee,
and
Brian Mark Harvey,
Appellant.
ORDER REVERSED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0963
Elbert County District Court No. 06CV284
Honorable Jeffrey K. Holmes, Judge
James L. Sawyer Estate, by Joanna Sawyer, Personal Representative, and Joanna Sawyer, individually,
Plaintiffs-Appellees,
v.
M. Scott Sheely, d/b/a Contracting Solutions,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1167
Adams County District Court No. 02DR2509
Honorable Jill-Ellyn Straus, Judge
In re the Marriage of
Leslie Anne Kayser, f/k/a Leslie Anne Harvey,
Appellee,
and
Brian Mark Harvey,
Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1331
Douglas County District Court No. 09JV22
Honorable Nancy A. Hopf, Judge
Honorable Louis A. Gresh, Magistrate
In the Interest of C.J.S., Child,
and Concerning
C.S.,
Petitioner-Appellee
and
S.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1355
Pueblo County District Court No. 01CV358
Honorable Thomas Flesher, Judge
Progressive Insurance Company,
Plaintiff-Appellee,
v.
Thomas J. Ashton,
Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1359
City and County of Denver District Court No. 98CR217
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leon K. Gladwell,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Hawthorne, Connelly, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1388
El Paso County District Court No. 05CV1733
Honorable David A. Gilbert, Judge
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
ORDER REVERSED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1598
Delta County District Court No. 08CV128
Honorable Charles R. Greenacre, Judge
Board of County Commissioners of Delta County, Colorado,
Plaintiff-Appellee,
v.
Robert Neirinckx,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2104
Pueblo County District Court No. 09MH176
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Evelyn Claire Chavez,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2383
Jefferson County District Court No. 08JV588
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.C., Child,
and Concerning L.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2522
Industrial Claim Appeals Office of the State of Colorado
DD No. 6668-2009
Larry Murray,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dennis P. Olivas Trucking,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE PLANK*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2571
Boulder County District Court No. 08JV127
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.M.L.M., a Child,
and Concerning J.A.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MÁRQUEZ*
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2792
Industrial Claim Appeals Office of the State of Colorado
DD No. 32502-2009
A Splash of Paint, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kevin J. Powell,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE NEY*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No. 07CA2177
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Archuleta,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0299
Cody Park Property Owners’ Association, Inc.,
Plaintiff-Appellant,
v.
Sigismund L. Harder, Alexandra W. Harder, Alan D. Heitsman, and Tammy Heitsman,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA0386
Humble Ventures, L.L.C., a Colorado limited liability company,
Plaintiff-Appellee and Cross-Appellant,
v.
The City of Steamboat Springs, a Colorado home rule municipal corporation,
Defendant-Appellant and Cross-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.